Financing Healthcare for All in India: Towards a Common Goal

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    Financing Healthcare for all in India:

    Towards a Common Goal

    Oommen C. Kurian

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    ACKNOWLEDGEMENTS 

    Author: Oommen C. Kurian

    Inputs: Indranil Mukhopadhyay, Anant Phadke, VR Raman, ShabareeshPillai, Sadanand Nadkarni, Chandrakant Lahariya, Katie Malouf Bous (OxfamInternational), Nicolas Mombrial (Oxfam International), Deepak Xavier(OxfamIndia), Pallavi Gupta(Oxfam India), and Pooja Parvati (Oxfam India).

    A draft of this paper was circulated for comments and feedback at the firstever Universal Health Coverage Day commemorative event jointly organisedby the World Health Organisation, Public Health Foundation of India,Rockefeller Foundation and Oxfam India. The event was held on the 12th December 2014 at New Delhi, India.

    © Oxfam India May, 2015

    This publication is copyright but the text may be used free of charge for thepurposes of advocacy, campaigning, education, and research, provided thatthe source is acknowledged in full. The copyright holder requests that allsuch use be registered with them for impact assessment purposes.For copying in any other circumstances, permission must be secured.E-mail: [email protected]/

    PUBLISHED BY

    Oxfam India: 4th and 5th Floor, Shriram Bharatiya Kala Kendra,1, Copernicus Marg, New Delhi 110001Tel: +91 (0) 11 4653 8000www.oxfamindia.org

    Oxfam India

    Oxfam India, a fully independent Indian organization, is a member of aninternational confederation of 17 organisations. The Oxfams are rights-based organizations, which fight poverty and injustice by linking grassrootsinterventions, to local, national, and global policy developments.

    For further information please write to:[email protected], orvisit our website: www.oxfamindia.org.

    Photographs by: Srikanth Kolari

    Oxfam India Working Paper Series disseminates findings of its work in progress to encourage the

    exchange of ideas about development issues. An objective of the series is to get the findingsout quickly, even if the presentations are less than fully polished. The papers carry the namesof the authors and should be cited accordingly. The findings, interpretations and conclusionexpressed in this paper are entirely those of the authors. They do not necessarily represent theviews of Oxfam India.

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    CONTENTS

    List of Acronyms 2

    Abstract 3

    Chapter 1: Background 5

    Chapter 2: Healthcare Financing in India 9

    Chapter 3: Government Financed Insurance Schemes in India 15

    Chapter 4: The Case of Rashtriya Swasthya Bima Yojana (RSBY) 23

    Chapter 5: Way Forward 27

    Notes 32

    List of tablesTable 2.1: Health Indices for India and Select Countries 9

    Table 2.2: Percentage distribution of births by type of medical attention at delivery (2013) 11

    List of figuresFigure 2.1: Per Capita Total Public Expenditure on Health in Indian States 2009-10 12

    Figure 3.1: Incurred Claims Ratio: Health Insurance Industry 20

    Figure 3.2: Incurred Claims Ratio Across Insurance Categories: Public Companies 21

    Figure 4.1: RSBY Hospitalisation Ratios across Oxfam’s Focus States 24

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    ACRONYMSASHA Accredited Social Health Activist

    BPL Below Poverty Line

    CBR Crude Birth Rate

    CDR Crude Death Rate

    CGHS Central Government Health Scheme

    CHC Community Health Centre

    ESIS Employee State Insurance Scheme

    GDP Gross Domestic Product

    GSDP Gross State Domestic Product

    HLEG High Level Expert Group

    ICICI Industrial Credit and Investment Corporation of IndiaIFC International Finance Corporation

    ILO International Labour Organisation

    IMR Infant Mortality Rate

    IRDA Insurance Regulatory and Development Authority

    JSY Janani Suraksha Yojana

    MMR Maternal Mortality Rate

    MNC Multi National Corporation

    NAC National Advisory Council

    NCMP National Common Minimum Programme

    NEP Net Earned Premium

    NFSA National Food Security Act

    NHAM National Health Assurance Mission

    NIC National Insurance Company

    NICE National Institute for Health and Care Excellence

    NRHM National Rural Health Mission

    OOP Out-of-Pocket

    PHC Primary Health Centre

    PHFI Public Health Foundation of India

    PPP Public Private PartnershipRSBY Rashtriya Swasthya Bima Yojana

    SAP Structural Adjustment Programme

    TFR Total Fertility Rate

    UHC Universal Health Coverage

    UN United Nations

    UNDP United Nations Development Programme

    UNSDSN United Nations Sustainable Development Solutions Network

    WDR World Development Report

    WHO World Health Organisation

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    ABSTRACTIndia continues to have among the lowest public health budgets in the world at just over 1% of Gross

    Domestic Product (GDP) and it gets reflected in the performance of the public healthcare delivery system– be it in the form of user charges acting as a major access barrier, decaying infrastructure, severe staff

    shortages or unavailability of medicines. The public and the private sector remain notoriously unaccountable.

    Despite the country’s newfound middle-income status, the ineffectiveness of the Indian health system

    and characteristically high health-related out-of-pocket hospital payments have pushed around 60 million

    people below poverty line; the number is equivalent to the population of the United Kingdom.

    Increased spending through National Rural Health Mission (NRHM) and the focused attention to rural

    healthcare are slowly yielding results. In a major shift from 2004 when only one-fifth of the total outpatient

    care and 40 % of in-patient care by the public sector, most deliveries across urban and rural areas are now

    taking place in government hospitals as pointed to by data from 2013 Sample Registration System (SRS).

    Given that there are schemes across the country that offer incentives deliveries in private sector facilities,this is a remarkable result. In this context, aggressive expenditure compression policies followed by the

    current government to meet fiscal deficit targets are a major cause of worry. Familiar arguments regarding

    lack of resources for social sectors notwithstanding, there indeed are alternative sources that can be,

    and will have to be, tapped in order to generate more resources for health. Moreover, the big question

    seems to be how these new alternative funds will be spent— will it be through an expansion of the existing

    public healthcare delivery system, or an insurance-based, private sector dependant platform, or through

    a cautious combination of the two?

    This paper explores available evidence and tries to contextualise and map the debate. While the focus

    of this paper is on healthcare in response to current policy debates, Oxfam India recognises the crucial

    importance of adopting a holistic approach to health, addressing factors such as nutrition and sanitation,

    and broader social determinants of health. In the light of the analysis presented in the following sections,we recommend that:

      Government should be the primary provider of healthcare, and provision of healthcare for all should

    not be based on expansion of health insurance-based models focusing on hospitalisation.

      A clear roadmap to enhance budgetary spending on healthcare to 3%-5% of GDP should be drawn.

    Public tax-based funding and contribution from the organised sector should finance healthcare

    and focused funding in the form of specific central transfers should be made to promote equitable

    access.

      Regulation of the private sector must be a priority. Establishment of standard treatment protocolsand empowerment of communities to hold the healthcare system accountable will be critical to

    ensure quality of healthcare in the public and private sectors.

      A comprehensive review of RSBY and other currently fragmented government funded healthcare

    schemes should be conducted with the aim of future consolidation for a national programme

    ensuring healthcare for all.

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    Chapter 1

    BackgroundA recent analysis of constitutional provisions revealed that 68 of the 191 UN countries guaranteed right to

    medical care services by 2007.1 India, which officially turned a middle-income country in the same year,

    was not one among them2. India’s transition to a middle-income status meant little to most Indians as the

    spectacular economic growth of the recent past was not reflected in equally glowing terms in improvements

    in social indicators. If we go by poverty headcount ratio based on $2 a day earnings (PPP) of the World Bank,

    India had more than 700 million poor people in 2011- more than Europe’s total population and about three-

    fourths of Africa’s total population.3  There have indeed been many gains in some human development

    indicators, but these have often fallen considerably short of the goals we had set for ourselves.

    India accounts for the highest number of maternal deaths in the world, and together with Nigeria (14%),

    accounted for one-third of all global maternal deaths.4 The National Rural Health Mission (NRHM) aimed

    to reduce the Infant Mortality Rate (IMR) to 28/1000 live births, the Maternal Mortality Rate (MMR) to 100/

    100000 live births and the Total Fertility Rate (TFR) to 2.1 by 2012. With IMR at 40 and MMR at 167 in 20135,

    only TFR seems anywhere near the goal set with 24 of the 29 states and 9 UTs achieving replacement levels

    of fertility6. This achievement however is an indication of the focused attention that fertility control has

    received across the country, often resulting in tragic human rights violations in mass sterilisation camps,

    targeting the poor 7. With IMR and MMR still lagging behind, the success of family planning programmes is

    often at the cost of quality and access improvements in healthcare in general8.

    Of the 1240 million Indians, about 70% still live in rural areas. As a recent review shows, public financing

    of health is among the lowest in the world at just over 1% of GDP, and out-of-pocket (OOP) spending is very

    high at around 3% of GDP. Share of OOP in total spending in India is one among the highest in the world. It

    is seen that expenditure on medicines consists of about three-fourths of total out-of-pocket spending.9 

    Financial reasons prevented around a quarter of the population from accessing health services. It was

    estimated that 35% of hospitalisations caused the respective families to be pushed into poverty. In real

    terms, it meant health payments pushed 60 million people below the poverty line, per year.10 To put this into

    perspective, it is equivalent to the total population of the United Kingdom.

    The idea of universal healthcare had its origins at the Alma Ata Conference in 1978, where Health for All 

    was agreed upon by all the 13411 participant countries. The conference broadly defined health with a strong

    focus on universal primary healthcare (PHC) and equity. India too is a signatory to the Alma Ata Declarationwhich affirmed that health, which is a state of complete physical, mental and social well-being, and not

    merely the absence of disease or infirmity, is a fundamental human right and that the attainment of the

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    highest possible level of health is a most important world-wide social goal whose realisation requires

    the action of many other social and economic sectors in addition to the health sector.12  The Alma Ata

    declaration is considered to be an intellectual and moral leap forward for humankind.13 

    After three decades which did not see much action in global health in the spirit of Alma Ata, the 2010 World

    Health Report popularised the concept of Universal Health Coverage (UHC) across global policymakers. With

    a focus on financial protection, UHC is described by World Health Organisation (WHO) as “access to good

    quality health services without people experiencing financial hardship because they must pay for care”14.

    Since the publication of the 2010 World Health Report, UHC has achieved momentum, and countries across

    the world have made time-bound commitments to achieve it. 15 WHO’s Discussion Paper on Positioning

    Health in the Post-2015 Development Agenda called UHC “a practical expression of the concern for health

    equity and the right to health”.16

    Sengupta (2013) observes that one reason for the unified support of UHC among international agencies

    was the global rise in catastrophic OOP spending on healthcare, in the backdrop of crumbling public health

    systems, which in turn was a consequence of a prolonged period of neglect of public healthcare andprivatisation of health systems, as prescribed by the Structural Adjustment Programme (SAP) in the 1980s.17 

    Because of the devastating effects of such health shocks, OOP spending became politically untenable and

    UHC was seen as a solution. In a way, for many international institutions like the World Bank and experts

    like David de Ferranti, the promotion of UHC often meant a reversal of some of their previously held policy

    positions.18 

    In an interview just before its biannual meeting in 2014, the World Bank head Jim Yong Kim admitted:

    “There’s now just overwhelming evidence that those user fees actually worsened health outcomes. There’s

    no question about it. So did the bank get it wrong before? Yeah. I think the bank was ideological” .19  This

    echoed words of WHO head, Margaret Chan from five years ago: “User fees for health care were put forward

    as a way to recover costs and discourage the excessive use of health services and the over-consumptionof care. This did not happen. Instead, user fees punished the poor” .20

    Yates and Dhillon (2014) observe that the  recent Lancet  Commission on Investing in Health focused on

    public financing mechanisms and redistributive risk pools in reaching UHC and explicitly rejected the 1993

    World Development Report’s (WDR) emphasis on private financing including user fees and it marks a new

    consensus.21

    United Nations Sustainable Development Solutions Network (UNSDSN) in 2014 proposed a set of financing

    targets for the member countries: public healthcare expenditure should be 3% of GDP in low income

    countries; 3.5% of GDP in lower middle income countries; 4% of GDP in upper middle income countries

    and 5% of GDP in high income countries.22  WHO, on the other hand, gave more specific suggestions and

    recommended four key priority actions to finance UHC: reduce direct payments, maximise mandatory pre-payment, establish large risk pools, and use general government revenue to cover those who cannot afford

    to contribute.23

    UHC implies that everyone receives access to essential healthcare and do not suffer major financial

    adversities when seeking health services. The word “universal” in UHC could refer to the total coverage of

    population needing healthcare, or to the comprehensiveness of health services that are provided, or both.

    However, India has moderate ambitions when it comes to UHC, and the Twelfth Five Year Plan envisaged an

    increase in public health spending to about 2.1% of GDP by the end of 2017.24  If achieved, it would still mean

    a doubling of the current spending level as these are nowhere near the 3.5% as suggested by UNSDSN.

    Furthermore, there have been criticisms that the push and the urgency for UHC is being utilised to

    rationalise a partnership between public and private sectors with an emphasis on tertiary care25. India’s

    non-seriousness when it comes to universal access is also reflected in the fact that public healthcare

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    delivery system still has user charges, despite such charges being established globally as a serious access

    barrier and rejected as already seen.

    Despite familiar arguments regarding lack of resources to be spent on social sectors, and the aggressiveexpenditure compression policies followed by the government to meet fiscal deficit targets, there indeed

    are alternative sources that can be and will have to be tapped in order to generate more resources for

    health, as discussed in a later section. Moreover, the big question seems to be how these new funds

    will be spent—whether through an expansion of the existing public healthcare delivery system or using

    an insurance-based, private sector dependant platform to expand services, or a cautious combination of

    the two? An earlier Oxfam India publication had observed that in a context where accountability is weak,

    demand side financing needs to be used cautiously as they risk moving attention away from the more

    meaningful task of strengthening public delivery across the country.26

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    Chapter 2

    Healthcare Financing in IndiaOver the past few decades, India has made significant gains in health outcomes. The IMR was 134 per

    thousand live births at the time of Independence and has declined to around 40 in 2013. MMR has improved

    from 560 per 100000 live births in 1990 to 167 in 2013. 27  The Crude Birth Rate (CBR), reflecting the huge

    mortality load, stood at 39.9 in 1941-51, declining to 21.4 in 2013. The Crude Death Rate (CDR) declined from

    27.4 in 1941-51 to 7.0 in 2013.28 

    As a consequence, life expectancy, which was around thirty at the time of independence, is now in the

    mid-sixties. Nevertheless, India’s achievements on this front have not been comparable to its economicgains and it has worse health indices than most developing countries in the world. Table 2.1 compares

    health indices in India, Thailand, China, Bangladesh, Sri Lanka, Pakistan and Brazil in relation to their public

    spending on health.

    Table 2.1: Health Indices for India and Select Countries

    Indicator India Thailand China Bangladesh Sri Lanka Pakistan Brazil

    Infant Mortality Rate 50 12 17 41 13 70 17

    Under 5 mortality Rate 66 13 19 52 16 87 21

    Fully immunised (%) 66 98 95 89 99 80 99Birth by skilledattendants (%)

    47 99 96 18 97 39 98

    Per capita governmentexpenditure on health(PPP Int $)

    39 247 203 14 66 20 483

    Source: HLEG Report 2011 and World Health Statistics, WHO 2011.

    It becomes clear from Table 2.1  that health achievements in India have been extremely modest when

    compared to most other developing countries, and that outcomes are linked with level of public health

    spending. India’s first Health Policy that was adopted in 1983 set out to provide “universal, comprehensive

    primary health care services, relevant to the actual needs and priorities of the community”.29  Thisnotwithstanding, India has one of the lowest public health expenditures in the world, and a high proportion

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    of private spending. It is therefore not surprising that we have among the world’s highest proportions of

    undernourished children and women, one of the highest rates of maternal mortality in the world, and an

    extremely high load of preventable and communicable diseases30.

    Overall health spending accounts for 4.1% of India’s GDP which amounts to very low per capita health

    spending, and in terms of absolute numbers, this is fairly average for a lower to middle-income country. The

    negative effect of overall low health spending is aggravated by low levels of public spending on health.31 

    Taking into account the profound weaknesses of the healthcare system, especially in rural areas, the

    central government initiated NRHM in 2005 to strengthen India’s rural public health infrastructure, with

    special reference to poor performing states.

    In spite of the stated objective of raising the outlays for public health from 0.9 % to 3 % of GDP by 2012

    through NRHM and expanding public health infrastructure substantially, we find that public health spending

    remains just above 1 % of GDP. 32 According to the Bulletin on Rural Health Statistics in India (2014), there is

    a shortage of 36346 Sub Centres, 6700 Primary Health Centres (PHCs) and 2350 Community Health Centres

    (CHCs) in India. In addition, crippling shortage of human resources at all levels of public healthcare deliverysystem has a negative multiplier effect on the quality of care.33 

    Despite less than expected improvements in health infrastructure and personnel, there have been

    improvements in indicators like immunisation, institutional deliveries and antenatal care. 34 A study looking

    at health budgets found that despite the adoption

    of NRHM, public expenditure on health increased

    only marginally to 1.2 % of GDP in 2009-2010. This

    resulted in continuing poor quality of preventative

    care and poor health status of the population and

    forced people to seek private care, resulting in very

    high out of pocket spending. 35

     

    A study looking at state level experiences found

    that on an average the distribution of expenditure

    between secondary and tertiary healthcare system

    in India does not seem to follow the desired

    pyramidal structure of expenditure. In other words,

    the share of expenditure in tertiary healthcare

    facilities tends to be much higher than secondary

    healthcare facilities.36

    Indian health system is plagued with serious

    problems such as sharp inequalities in healthoutcomes, deficient coverage, unequal access,

    poor quality and high costs, which have been

    explored in a study supported by Oxfam India37.

    These serious deficiencies are not accidental.

    They have been primarily caused by the patterns of

    financing for healthcare in India. Per capita public

    health spending is an extremely significant variable

    affecting life expectancy at birth across Indian

    states.

    According to calculations by Choudhury and Kumar(2011), the association between per capita Gross

    State Domestic Product (GSDP) and life expectancy

    Issues in Fiscal Federalism

    In the federal fiscal architecture in India,there is a ‘vertical imbalance’ between thepowers of the states and the Centre to

    raise revenue through taxes and duties incomparison to their expenditure requirements.The powers of revenue mobilization vestedwith the states are insufficient to help themmobilize resources that would meet theirtotal expenditure requirements. This kind ofa vertical imbalance was built into the fiscalarchitecture of India keeping in mind the needfor the Central Government’s interventions toaddress the ‘horizontal imbalance’, that is, thelimited ability of some of the states to mobilizeadequate resources from within their state

    economies in comparison to others. In thefiscal architecture that has evolved in India,a significant amount of financial resourcesare transferred from the Central Governmentevery year to every state government soas to enable the state governments tomeet their expenditure requirements. Infact, for any state, a large part of the stategovernment’s total revenues is provided bythe Central Government in the form of: a share

    in tax revenue collected under the Central

    Government tax system, grants and loans.

    Source: Praveen Jha and Subrat Das (2010), India’s FiscalPolicy Space for Investing in Children, No 4, IHD - UNICEFWorking Paper Series, New Delhi.

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    at birth disappears with the inclusion of per capita public health spending. It was noted that factors like the

    priority assigned to health, equitable provisioning and reach of health services, the quality of healthcare,

    the institutional milieu in which service delivery takes place and complementary investments in sectors

    other than health such as basic education, nutrition, sanitation and water became equally importantparaeters.38

    The level of per capita public health spending at the state level is also a function of how tax revenues of

    central as well as state governments are distributed across states. Choudhury (2014) found that public

    spending on health is particularly low among Indian states with low fiscal capacities. This partly stems from

    the inability of the Central Government to offset structural fiscal bottlenecks in the states through vertical

    transfers39.

    Despite spending a greater share of their total expenditure on health, the level of per capita health spending

    in these states remains low. The additional requirement of health spending needed in just the six poorly

    performing states is to the extent of 65%, for a minimum level of healthcare services.40  Lessening the

    effectiveness of health spending further, particularly in the low performing states are the gaps in humanresources and their skewed distribution.

    It is well established that high morbidity and mortality rates in the country are mainly due to the alarmingly

    low public investment in health as discussed earlier. The National Health Policy (NHP) acknowledging this

    noted that, “public health investment over the years has been comparatively low, and as a percentage of

    GDP, has declined from 1.3 % in 1990 to 0.9 % in 1999”.41 Health spending has declined as a proportion of

    total plan expenditure from 3.3 % in the First Plan to 2.09% in the Tenth Plan while expenditure on Family

    Welfare increased as a proportion of total plan expenditure from 0.1% to 1.83% during the same period

    reflecting the priorities of the government.42 

    Deolikar et al (2008) observed that public spending on health in India peaked at about 1.6 % of GDP and 4 %

    of the government budget in the mid 1980s. During the 1990s, government health spending failed to keepup with the expanding economy, and, by 2001, it constituted 0.9 % of GDP and 2.7 % of the government

    budget. These numbers fell to 0.8% and 2.4%, respectively, by 2005. 43 

    However, from the 2006–07 budget, this trend slowly reversed with increased allocations witnessed in

    social sectors. Investments in health have started receiving a higher priority primarily because of the

    perceived role of health of the working population in accelerating and sustaining economic growth and, to

    a lesser extent, because of the growing recognition of health as a human right. 44 

    As shown in Table 2.2, across urban and rural areas, most deliveries are now taking place in government

    hospitals (SRS 2013). Given that there are schemes across the country that offer incentives deliveries in

    private sector facilities, this is a remarkable result.  However, the reported cuts in social spending by the

    central government to meet the fiscal deficit targets will surely offset the gains made in the recent years.Sharp expenditure compression policies are in place and the revised health sector plan expenditure is

    reported to be Rs.7,000 crore lower than the budgeted amount for 2014-15.45 

    Table 2.2: Percentage distribution of births by type of medical

    attention at delivery (2013)

    Total Rural Urban

    Government Hospital 50.0 48.8 55.0

    Private Hospital 24.4 20.9 37.1

    Qualified Professional 12.7 14.4 6.1

    Untrained Functionary and Others 12.9 15.9 1.7

    Source: SRS Statistical Report 2013.

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    Figure 2.1: Per Capita Total Public Expenditure on Health in Indian

    States 2009-10

    Source: Mita Choudhury and H.K. Amar Nath (2012).

    After the rolling out of NRHM, the per capita public expenditure on health has been increasing, although at

    a slow rate. This increase was visible across the states and studies have shown that the relative share of

    public expenditure on health by centre and states has remained steady at around 40: 60 in the period 2004-

    05 to 2010-11.46

     Reflecting the high growth rate, an aggregate share of health spending which increased by0.2 % of GDP meant that, in per capita terms, there has been a sharp rise in per capita public spending on

    health in the same period. In 2004-05 prices, per capita public expenditure on health in the country nearly

    doubled in the period from about Rs. 263 in 2004-05 to Rs. 486 in 2010-11.47 However, public expenditure at

    the state level varies significantly, as shown in Figure 2.1.

    The National Common Minimum Programme (NCMP) in 2005 had made a commitment –and the government

    made an announcement later - to increase public spending on health to 2.5-3 % of GDP over 5-7 years. 48 

    The 3% of GDP target was endorsed by almost all relevant government policy documents on health; be it the

    report of the Working Group on Health Care Financing including Health Insurance for the Eleventh Five Year

    Plan (2006), the Approach Paper to the Eleventh Five Year Plan (2006), the Eleventh Five Year Plan document  

    (2007–12), the report of the High Level Expert Group (HLEG) of the Planning Commission on Universal Care (

    2011), or the report of the Steering Committee on Health for the Twelfth Five Year Plan.

    The Twelfth Five Year Plan document, however, scaled it down to a moderate target of only 2.1% of GDP by

    the end of the plan period, i.e. by 2017. To achieve public spending of 3% of GDP, calculations reveal that

    the nominal per capita health expenditures will have to go up from Rs 267 in 2005–06 to Rs 2,430 by the

    target year.49  At the current rate of spending, it is clear that such an eventuality is highly unlikely in the

    near future.

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    In this context, the National Advisory Council (NAC) Working Group on UHC in 2013 found that for most states

    in India, it would not be possible to offer UHC given the current levels of financing - no matter who the

    provider is, whether it be public or private sector, and what method of purchasing it may be, whether supply

    side or demand side.50

    Given this policy background, it is puzzling that academics reportedly close to the current political

    dispensation give policy advice that flies in the face of existing evidence, including what was compiled

    and presented by the HLEG on UHC. In their latest book, the release of which coincided with the change in

    the central government, Arvind Panagariya and others suggest the following:

    Turning to medical service delivery, we recommend that rather than further expand the provision of free primary,

    secondary, and tertiary health care services in the public sector, the government must focus on providing financial

    resources to the poor for routine and non-routine care... Even so, if the government must insist on the provision of

    the services, it must do so on the full cost recovery basis. Once the poor have been provided the financial resources

    necessary to pay for their health care expenditures, there does not remain a case for additionally free provision of

    the service by the government.... We estimate that assuming four members per household, the budgetary cost of

    transferring 2000 rupees per year per household at 2010/11 prices to the bottom half of the population for routine

    outpatient care would be just 0.38% of the GDP. For an additional 0.38% of the GDP, the government can provide

    an insurance cover of 40, 000 rupees per household per year at 2010/11 prices for non-routine care in or out of

    hospital to the bottom half of the population. Thus, excluding administrative costs, the government can provide at

    least a modest health care cover for the bottom half of the population for just three-quarters of a percent of the

    GDP. (Panagariya, Arvind et al 2014, emphasis added.)51

    Given the political patronage enjoyed by the private healthcare industry, and since the government is

    already experimenting with incorporating outpatient care in the existing Rashtriya Swasthya Bima Yojana

    (RSBY)52 , these recommendations have a high likelihood of gaining policy traction, and can put a serious

    threat to health equity in the country, by undermining the public healthcare delivery system further.

    Cross-national research has shown predominantly private health systems to be highly regressive, serving

    the richest far more than the poorest. Analysis of data from 44 low and middle income countries suggested

    that higher levels of private sector participation in primary healthcare have been associated with higher

    levels of exclusion of poor people from treatment and care.53 At the same time, recent Oxfam research

    (Seery, 2014) has shown that universal public services are one of the strongest weapons in the fight

    against inequality. They mitigate the impact of skewed income distribution, and redistribute wealth by

    putting ‘virtual income’ into the pockets of the poorest women and men.54

    In India, supporting community empowerment and participation as a tool to ensure accountability in the

    system and meeting the institutional requirement for the same remains relatively unexplored. Like in thecase of Accredited Social Health Activists (ASHA), community based efforts are often designed to be driven

    solely by voluntarism, even as the expectations in terms of outcomes are quite high. The assumption

    seems to be that community empowerment and participation will happen with minimal effort or financial

    commitments55. Focused and adequate financial commitments for community based accountability

    measures and decentralised planning will be a step forward in the right direction.

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    Chapter 3

    Government Financed Insurance

    Schemes in India

    While India’s efforts to expand healthcare access have historically focused on supply-side interventions,in the last decade, there have been various interventions focusing on demand-side policies which engaged

    the private sector in a plethora of ways. At the national level, the first of such schemes was Janani Suraksha

    Yojana  (JSY) launched in 2005, which provided incentives for institutional deliveries at health facilities,

    public and private. In 2006, the government of Gujarat launched the Chiranjeevi Yojana , which engaged the

    private sector facilities for institutional deliveries, since public hospitals were seen to lack the capacity

    and reach to serve many rural areas.56 

    The rationale for these schemes was to make use of the existing private sector capacity. A shift to promote

    institutional deliveries as opposed to safe deliveries -whether at home or at a facility- has also come along

    with such demand-side financing schemes. It is interesting to note that in Britain, the latest NHS guidance

    from National Institute for Health and Care Excellence (NICE) suggests that 45% of births-the low-risk ones

    - are ‘unsuitable’ for hospitals and recommends that women should have all four possible delivery options

    available to them: hospital care, midwifery units in hospitals, midwifery units based in the community and

    at home.57

    Parallel to the moderate efforts through NRHM, a new health insurance system supported and sustained

    by public funds is being systematically built by the central/state governments. The growth of government

    health insurance schemes at the national level and across states has brought new opportunities for the

    private sector. The Rajiv Aarogyasri Scheme of Andhra Pradesh triggered similar schemes in several other

    states like Tamil Nadu, Karnataka, Maharashtra, and Gujarat.

     A national insurance scheme named Rashtriya Swasthya Bima Yojana (RSBY) was rolled out in 2008 in a

    phased manner. It is estimated that by 2015, 50% of India’s population will be covered by governmentinsurance schemes.58  The main objective of these new government funded health insurance schemes

    was to offer protection to below poverty line households against health shocks, defined in terms of an

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    inpatient stay.59 Many of these new schemes are modeled in part on various community-based insurance

    schemes that have been operating across the country, although at a smaller scale like VimoSewa, Karuna 

    or Yeshasvini 60.

    Although the coverage per se has been quite wide, the depth of coverage- which denotes the extent of

    benefit packages offered in the scheme - has been a mixed bag. A review of existing health insurance

    models in India conducted by the Public Health Foundation of India (PHFI) showed that the new schemes

    provide only hospitalisation cover to the beneficiaries. RSBY’s package in particular, at Rs 30,000 per family

    is very modest given today’s health needs and costs. 61 

    The review by PHFI also concluded that privately provided tertiary care, which is expensive and high-margin,

    can lead to medicalisation of health triggering unsustainable cost-escalation. Taking into account long-

    term fiscal sustainability, strengthening public healthcare delivery system seems to be a better option. 

    62 In the interim period, however, structural constraints may lead to contracting in tertiary care services

    from the private sector. A strong regulatory system for quality and price control would be a necessary pre-

    condition for any such initiative. 63

    The existing conditions and arrangements for the market purchase and insurance of healthcare remain

    suboptimal not only in India but also in many of the other lower middle income countries. However, there are

    lessons to be learned for India from many of these countries, some of which have decades of experience in

    reforming health systems to expand access.64 

    Serious incentive incompatibility problems ensure that various stakeholders’ interests are not aligned

    towards an optimal outcome – in other words, vested interests and profit maximisation efforts by powerful

    and influential players in such arrangements can undermine public health goals. . Reviewing these

    conditions in India, the NAC Working Group on UHC by the Government of India concluded that existing

    arrangements perpetuate an inefficient use of scarce financial resources as the tendency in the systems

    is either to deny use -by insurance companies, or to overuse -induced by the medical practitioners, and

    misuse by both.65

    3.1 Political Economy of Government sponsored Insurance Schemes

    The last decade has been one of accelerated expansion for the voluntary private health insurance industry,

    with annual growth rates of more than 30 %. This rapid growth of the insurance industry represents the

    latest phase of private sector expansion in healthcare services n India.66 In the last decade, India has also

    witnessed the roll-out of many insurance schemes both by the central and state governments aiming at

    utilising existing private sector capacity, and hoping that the purchasing power will act as an incentive for

    new hospitals to come up in the rural areas.

    At the time of independence, private sector accounted for about 8 % of India’s healthcare facilities.67  Over

    the years, private healthcare sector has grown tremendously with explicit support of the Indian State.

    Selvaraj and Karan (2009) note that public sector provision of outpatient healthcare accounted for only

    one-fifth of the total outpatient care n 2004 as against over one-fourth (26%) in 1987-88 in India. The

    share of public provisions which used to cater to around 60% of in-patient care in 1987-88, has

    registered a steep decline to approximately 40% in 2004 as well.68 

    The story of growth of the private health sector in India is also a story of systematic neglect of the public

    health system over the years. The private sector has been the recipient of direct and indirect subsidies

    from the State, and of late, the social sector itself has become a lucrative market with guaranteed revenue

    opportunities for private players.

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    As is true all over the world, in order to maximise profitability, the private sector shares a complex

    relationship with the State - the Sneeds to be pushed back so that new markets are captured/created. At

    the same time, as the global economic recession clearly demonstrated, the State is also often looked up to

    by the private sector as an insurance against losses in times of economic crises69

    . Socialisation of lossesis a very welcome proposition for the private sector during slowdowns as the recent bail-out packages

    across the globe have demonstrated.

    As social sector spending capacity of the developing country governments goes up, the political pressure

    from the electorate on the State to change its role from that of a deliberate non-player aiding private sector

    by its sheer absence to that of an active service provider increases. At the same time, pressure from strong

    private sector lobbies within and around the government to channelise more subsidies through the private

    sector also mounts. Various new innovative arrangements are tried out, whereby an optimal arrangement

    is reached where the State becomes a more active player in the profit making endeavour- much more than

    a rescuer in times of recession, or a source of occasional subsidies. The State then becomes a source

    of constant and sure income for the private sector, by choosing to be the dominant financier rather than

    provider of social sector services like healthcare. The developing world, by the sheer number of poorpeople, thus becomes a profitable business proposition. The private sector quickly identifies the ‘fortune

    at the bottom of the pyramid’ in the form of subsidies to the poor, which the regulator/manager State is all

    too willing to channelise through the private sector.70

    At the same time, a slow but steady consensus is being reached in the Indian scenario, which implicitly

    assumes that private sector participation is a non-negotiable since focused policy attention on the

    public sector will be inadequate. The general argument framed is that any step forward must allow for a

    substantial role to the private sector, proportional to its share in terms of hospital care provided to the

    Indian population. The rationale given, however, vary from the well-meaning argument that the dominant

    private sector can be tamed and used to achieve public health goals, to the faulty claim that private sector

    uses public money more efficiently.

    More often and not, utilisation figures of NSSO rounds from the late eighties onwards are quoted to say

    that even the poor prefer private sector for healthcare services. It, however, ignores the fact that this

    was a period when the public sector was systematically starved of resources and market principles were

    introduced into the system. It also misses the fact that healthcare is not a private good that people

    consume with complete information. Health services are often an urgent necessity and people often make

    decisions not taking fully into account quality, costs or other factors affecting access. Thus, poor people

    being forced to vote with their feet on the public sector cannot and should not be the only argument for

    more privatisation and more State subsidies to the private sector. 

    An interesting aspect of the private sector expansion – other than government subsidies- is the nature

    of international funds that many major Indian private hospital chains have been able to attract. The WorldBank Group’s newfound commitment to universal and equitable health coverage and to shared prosperity,

    while welcome, is often at odds with its investment priorities. In India’s case, the International Finance

    Corporation (IFC) which provides loans and advises private sector has been a major mover in the corporate

    expansion of the hospital sector.

    Recent research by Oxfam (Marriott and Hamer, 2014) has shown that all the members of the World Bank

    Group are not aligned in its objectives of UHC and equity in health. 71 The Health in Africa initiative of the

    World Bank Group, which was preceded by the publication of a celebrated report titled The Business of

    Health in Africa: Partnering with the Private Sector to Improve People’s Lives in 2007, aimed at ‘harnessing

    the potential of the private health sector’, which was seen as ‘an additional and powerful instrument

    to progress towards the Millennium Development Goals (MDG). Despite the initiative’s commitment onbenefitting the underserved population of Africa, Oxfam’s analysis showed a failure to analyse how to

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    reach poor people effectively via the private sector; failure to direct investments for the benefit of poor

    people; and failure to even measure whether poor people are being reached72.

    A similar story –although understudied- may be at play in India’s case. Reportedly, Indian private healthcaresector represents more than 30 % of IFC’s global healthcare investment portfolio.73 However, the role of

    and impact of the recipients of these loans withn the health sector- as in the case of Africa- remain

    questionable and further research is necessary to understand this better.

    If we briefly look at the indicative case of Delhi, it throws up some interesting findings. Delhi has a large

    number of private hospitals, which have received free land and other subsidies from the government to

    provide free services to poor patients. Over time, these charitable hospitals have become purely commercial

    entities, dishonouring the commitments made to the government. A high level committee assigned by the

    Government of Delhi headed by Justice Qureshi took a bleak view of the nature of such hospitals that claim

    to be charitable just to lap up subsidies.

    Its final report concluded that “most of the charitable hospitals are no more charitable”, although thefounders had intended them to be charitable hospitals, providing considerable relief to the poor, needy

    and deserving patients. In a scathing indictment, the report by the high level committee says that the

    successors however have been “selfish, greedy and exploitative” and have converted these charitable

    hospitals to moneymaking machines. 74 A recent research report which explored the compliance of such

    private hospitals in Delhi towards legal commitments to serve the poor noted that:

     Apollo is supposed to have 200 beds reserved for EWS (Economically Weaker Sections), but the average number of

    EWS patients treated annually remains in the range of 15 to 20 patients. Only 3 out of 8 free beds were occupied at

    Fortis, and 4 out of 10 free beds were occupied at Jessa Ram Hospital. Max Devki Devi Heart Institute in Saket has

    18 free beds available for EWS out of which on an average only 3-4 beds are occupied (as informed by the regional

    manager). The Indian Express reports that for three months before February 2010, when the article was written, nota single EWS patient was treated at Rockland Hospital. (SAMA, 2011)75

    Interestingly, four out of five hospitals- Apollo, Fortis, Max and Rockland - mentioned in the preceding

    passage as flouters of legal requirements towards healthcare access to the poor, figure prominently on the

    IFC web portal as recipients of huge loans from the World Bank Group. The limited investment information

    available on the IFC website indicates that these four hospitals put together have received around $320

    million (around Rs 2000 crore at current exchange rates) over the last decade. 76 

    India’s health financing landscape is going through an interesting phase where there is a simultaneous

    push for both supply-side as well as demand-side interventions using public money. The pursuit of these

    two routes to UHC, one by strengthening the public health system and another, by government financedinsurance has largely been independent of each other with little integration so far between the two.

    Rao (2013) notes that this has led to many issues: firstly, the presence of government insurance schemes

    has made public sector hospitals and private hospitals unequal competitors for funds. While this is viewed

    as an opportunity for government owned hospitals to gather additional resources, in reality, the situation

    favours the private sector because of the current status of the historically fund-starved public sector.77 

    However, in some states like Kerala and Chhattisgarh where participation of government hospitals in

    schemes like RSBY was actively promoted and often mandated by the state government, it has indeed

    helped.

    Rao (2013) also observes that in the current scenario there will be limited fiscal space in the health

    sector to pursue both routes simultaneously as these will independently require substantial resources.Rejuvenating the public health system can be realised with up to 3% GDP according to the HLEG report.

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    Another recent estimate suggests that government insurance schemes are expected to consume around

    0.8% of GDP and this is expected to grow as coverage increases and the population grows older. In Andhra

    Pradesh, the Rajiv Arogyasri Scheme consumes a substantial percentage of the state’s health budget,

    severely restricting the fiscal space available for primary or secondary level interventions.78

     Most of themoney was absorbed by the private sector.

    A recent review of the (Sengupta, 2013) health sector showed that for the  Arogyasri Scheme, the total

    payments to facilities accredited from 2007 to 2013 amounted to Rs 47.23 billion, of which Rs 10.71 billion

    was paid to public facilities and Rs 36.52 billion went to private facilities. It was shown that the scheme

    drew 25% of the state’s health budget while covering only 2% of the burden of disease.79

    Historically, the incurred claims ratio of health insurance schemes has been way above 100% in India. This

    has been true for community based insurance schemes- which were a precursor to the current crop of

    government funded health insurance schemes. Understandably, public sector insurance companies had

    higher incurred claims ratio vis-a-vis private sector insurance companies. Many public sector companies

    treated smaller community based health insurance programmes as part of their social responsibilityinitiative and rejection rates were kept low.

    For example, for the community based health insurance scheme run by Karuna Trust  which focused on

    socially marginalised people, National Insurance Company (NIC), a public sector company accepted a claim

    ratio of up to 150% because of the social nature of the scheme.80 It was observed that for the company,

    the insurance scheme was not only a social obligation imposed by insurance regulations, but” a matter

    of heart”.  The premiums were artificially kept low as well. It was seen that the company’s commercial

    activities will cross- subsidise the insurance scheme for the poor, and a high incurred claims ratio of such

    schemes was seen as a symbol of the company’s recognition of the ‘social character of the scheme’. 81

    The new crop of government financed insurance schemes for the poor were quite different from the existing

    ones like Employee State Insurance Scheme (ESIS) and Central Government Health Scheme (CGHS) which

    focused on employees in the formal sector. The new schemes tied with insurance companies –both public

    and private- in order to tap into the existing private sector healthcare delivery system.

    There are different schemes started by the central government as well as some state governments. There

    are states where more than one scheme run parallel .There is a widespread perception that public sector

    does not have the money to expand at the rate at which healthcare needs to expand. Hence, parallel to the

    expansion of insurance for the poor, the encouragement given to the private sector like concessional land

    and tax exemptions continue as part of policy.

    According to a recent review, all of the newer schemes have a common feature: the use of commercial

    insurers or Third Party Administrators for underwriting and administrative functions such as beneficiaryenrolment, hospital empanelment and claims processing and payment. Most of the managerial functions

    are thus outsourced given that a robust governance architecture has not yet developed.82

    In recent years, the health insurance business with a view to expand their market has been actively

    encouraging Public Private Partnerships (PPP), with support from the government, whereby private sector

    gets access to public resources under government mandated health insurance schemes for the poor.

    The government sponsored health insurance market has boomed in the last few years taking the insured

    population coverage from 5% in 2008-09 to a whopping 22% in 2010-11. This is a huge bonanza for the

    health insurance business with premiums under government schemes totalling Rs. 1699.61 crore (of which

    Rs. 1201 crore was private sector insurance companies) in 2010-11 covering 189 million individuals, up from

    Rs. 1077.18 crore (of which private sector share was Rs. 887 crore) and a coverage of 167 million in 2009-

    10. The private banking companies which deal big in government schemes like the Industrial Credit and

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    Figure 3.1: Incurred Claims Ratio: Health Insurance Industry

    Source: IRDA Annual Reports,various years.

    Investment Corporation of India (ICICI), have more than half of their overall business in non-life insurance in

    government –sponsored insurance focusing on the poor83.

    The development of the health insurance market, aided in no small measure by direct government support,

    has seen many interesting policy developments. As Figure 3.1 shows, there were efforts to bring down the

    overall incurred claims ratio of the industry. However, along with the expansion of “government insurance

    schemes” focusing on the poor in the overall insurance pie, a key reversal of the claims ratios happened

    whereby private voluntary insurance-mostly covering individuals and organised sector- retained the

    over 100% status of high claim/low rejection rates, and at the same time saw drastic suppression in theclaims ratios of government funded schemes, mostly targeted at the BPL population. As Figure 3.2 shows,

    public sector insurance companies which historically had high claims ratios in health insurance schemes

    focusing on the poor, now have considerably low claims ratios vis-a-vis the private variants of insurance.

    This was not something that was driven solely by the profit maximisation objective of the companies. Strong

    disincentives were put in place by the Insurance Regulatory and Development Authority (IRDA) -the apex

    body which regulates and develops the insurance industry in India- within the governance structure of the

    public funded insurance schemes to suppress demand. These strong disincentives worked to suppress

    claims ratios of public insurance companies in the government insurance scheme sector, as the ratios for

    the private sector were in any case lower. A circular by IRDA in February 2011 read: “If (..) incurred claims

    ratio for the said portfolio turns out to be more than 70% for the consecutive four half years, the insurer

    may not be allowed to participate in the tender for any Government sponsored scheme for a period of at

    least two years”84.

    0

    20

    40

    60

    80

    100

    120

    140

    160

    180

    Private   Public

    2006-07 2007-08 2008-09 2009-10 2010-11 2011-12

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    Chapter 4

    The Case of Rashtriya Swasthya

    Bima Yojana (RSBY)RSBY which was launched in 2008 was the second national level insurance scheme focusing on demand-

    side financing of healthcare. RSBY is now India’s flagship national health insurance scheme for people living

    below the poverty line. In insurance based models such as RSBY, the insurance company would ideally like

    to enrol a large number of eligible families to maximise the premium income and spend as little as possible.

    The latter will be achieved by gate keeping functions, like permission for surgical procedures, selectionof procedures, cutting out unnecessary diagnostics, surgeries and so on. The interest of the healthcare

    service provider will be to carry out as many surgical procedures and diagnostics as possible to get the

    maximum amount per patient. The insured family would like to visit the hospital for almost all illnesses for

    which it could get cashless services. In this context, the scope of unethical and iniquitous practices is high

    and the need to have a strong regulator- preferably government- is evident.

    Notwithstanding its relatively recent origin, a number of studies have tried to measure the scheme’s impact

    on health service use as well as financial outcomes. The available evidence questions the scheme’s ability

    to offer financial protection and reduce OOP spending efficiently. There is a lot of debate also on the

    various methodological challenges to assessing impact of such schemes.92 In the context of the adverse

    evidence, a recent review argued that it may be premature to dismiss health insurance initiatives based

    on the existing analysis because these schemes tend to perform better with time, and advised patience.93 However, this call for cautious optimism seems to be quite misplaced.

    By mid-2013, 35 million households had been enrolled in RSBY and it is claimed that 50 % of BPL households

    were enrolled in the 460 districts where RSBY operates.94 These figures however hide wide regional and

    gender disparities in enrolment. The fact that only five people can enrol per household may have given

    preference to male members of the family. Overestimation of coverage may also have been a problem as

    data on renewals is not published. Ghana is a case in point here- when only active members were counted -

    the official coverage was revised down in 2010 from two-thirds to just one-third of the overall population .95

    RSBY provides only limited financial protection to the enrolled BPL population with limited secondary level

    care. It offers Rs.30,000 coverage for a family of five for hospitalisation when three-fourths of OOP healthexpenditure in India goes towards medicines and hospital visits. As with other similar health insurance

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    low and where insurers, in turn, reap their share of high profits.100 More serious claims of fraud include the

    alleged enrolment of thousands of ‘ghost’ beneficiaries by ICICI Lombard — India’s largest private sector

    insurance company. The losses to government, though not yet fully calculated, are believed to run into

    tens of millions of rupees.101 Figure 4.1 based on latest available data on hospitalisation ratios show that

    female hospitalisation rates are consistently higher. In the context of various scams across states of largenumber of illegal hysterectomies being carried out on unsuspecting women, this may require focused

    attention. Hysterectomy costs are among the highest of all the procedures under RSBY, and this seems to

    be driving this phenomenon.102 

    Existing evaluations show that RSBY implementation is riddled with concerns rooted in social inequalities.

    It was seen that districts with a higher share of socioeconomically backward castes are less likely to

    participate, and their enrolment rates are also lower. At the same time, districts with more non-poor

    households may be more likely to participate, even if their enrolment rates may still be low. 103  A study of

    RSBY in Gujarat showed no considerable difference between the OOP expenditure of insured and uninsured

    cohorts. Most of the health spending incurred by the patients covered by RSBY were related to medicines104.

    A recent study exploring the implementation of RSBY based on a large-scale multistage sample surveyin Maharashtra (Ghosh, 2014) found that implementation of government insurance schemes through

    commercial insurance companies results in high administrative cost, large scale exclusions of eligible

    population and “supply-side moral hazards leading to draining out of precious public resources”. This

    study also found that only a small proportion of enrolled families had RSBY cards and only small proportion

    of enrolled families benefitted when they had to get admitted. The author observed further that “there

    is no country in the world which has engaged commercial insurance companies for implementing social

    health protection programmes”. The study recommended a reversal of healthcare financing mechanisms

    introduced in the last few years. 105

    High hospitalisation ratios for women in RSBY are sometimes shown as instances of increased financial

    autonomy for women, sometimes by authors who have been closely involved with the implementation ofthe scheme.106 However, increased access/utilisation cannot be read automatically as improved autonomy

    or empowerment. More so when, as part of RSBY, women become victims of corruption and unnecessary

    procedures are forced on them causing bodily harm.107  In the light of the inconclusive and generally

    negative evidence, the high praise given to RSBY and other health insurance schemes by influential

    agencies including the World Bank Group and the International Labour Organisation ( ILO) has contributed

    significantly to its policy popularity and as observed by a recent Oxfam paper, this is “both premature and

    dangerously misleading”.108 Government of India’s Working Group on Health constituted for the Twelfth Five

    Year Plan in its report on the progress and Performance of NRHM specifically mentioned:

    It is understood that in many states the RSBY has a poor claims ratio despite widespread moral hazards of

    overcharging, except in Kerala where the claims ratio is over 130%. It also has the propensity to convert primaryand secondary care- into tertiary care and outpatient care into in-patient care. Mechanisms of gate-keeping

    or monitoring are weak and critical data needed for its evaluation is difficult to access. While recognizing the

    great hope and potential that lies behind this scheme, prudence calls for evaluation before this is scaled up even

    further- much less projected as the general solution. Publicly financed insurance programmes, when much better

    structured, monitored and regulated could play an important supplementary function, rather than become the

    main vehicle of health care financing.109 

    It is clear from available evidence that there is no objective basis to any claim that insurance based models

    should be the vehicle for India’s efforts towards UHC. Despite their popularity at the highest levels of

    policymaking, it is observed that there is resistance to objectively evaluate government funded insurance

    schemes. Politicians and administrators often presume that independent evaluations cause more damage

    than benefit.110 State governments in India are known to be hesitant towards conducting independent

    evaluations of health insurance schemes, and RSBY, where it is often claimed that some “rigorous

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    Chapter 5

    Way ForwardA cautious two-pronged approach of developing infrastructure through NRHM and providing gap-filling

    tertiary care through strictly regulated in-sourcing from the private sector may be inevitable in any effort

    towards UHC. As observed earlier, the historically underfunded, undersupplied and understaffed public

    sector- despite new investments in public primary care- is still trapped in the perceived image of lack

    of quality, and many outpatients are kept away from the public sector because of lack of coverage and

    shortages113. However, a systematic review which included India in its analysis rejected the claim that the

    private sector is more efficient, accountable, or medically effective than the public sector. 114  The public

    sector seems to lack timeliness and hospitality towards patients, and it may be directly related to staff andinfrastructure shortages.

    The answer, however, does not seem to lie in the current insurance based models which in the name

    of bringing in ‘competition’ and ‘efficiency’, puts the public and private hospitals on an imaginary level

    playing field, and forces patients to vote with their feet in a situation of extreme information asymmetry.

    Substantially increased funding to directly address the shortfalls of physical infrastructure, healthcare

    personnel and availability of medicines are needed to regain people’s faith in the public healthcare delivery

    system.

    Complementing this, democratic relations both within public health delivery system and between people

    and the system will need to be deepened. Community based monitoring and participatory planning at the

    facility and community level becomes a must to make necessary improvements in public health facilities.An increase of public spending on health to 3% of GDP thus becomes a non-negotiable in the medium run.

    Globally, the State is increasingly shifting from being a major provider of services to financier of select

    and limited set of needs for a minority within the poor. In India, the move towards an insurance based

    model is happening despite the flimsy evidence on which that choice is based. Although there is general

    acceptance for RSBY among policymakers as the model on which UHC in India should be based, it is not

    clear how serious issues like supplier induced demand, price discrimination (charging the insured more)

    and cost escalation that inflict RSBY in many states are going to be addressed while it is scaled up.

    Nevertheless, it is often seen that when it comes to problem-solving, many policy-makers are informed

    and often driven by copious amounts of hope -much more than what robust health policy can possiblyhandle. For example, at the launch of RSBY in 2008, we had the bureaucrat in charge of the scheme writing

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    that the issue of fraud will be taken care of by the ‘competition’ between hospitals –- with poor patients

    identifying ‘rotten apples’ and approaching only the genuine providers.115 

    That we are talking about a sector with inherent information asymmetries adds to the irony of suchthinking. The same bureaucrat wrote in 2011 in a laudatory United Nations Development Programme (UNDP)

    publication: “(RSBY) was perhaps the first-ever business model on this scale for a social-sector scheme

    with insurance companies and hospitals finding fortune at the bottom of the pyramid   “. 116  Such blind

    enthusiasm cannot be the benchmark of healthy social policy. It is a matter of concern that after six years

    of operation, inconclusive findings, cases of corruption and financial irregularities in the scheme have

    not impacted RSBY’s policy popularity. However, there seems a slow reversal to the policy popularity to

    fortune-seeking models, as the Reserve Bank of India Governor sharply criticised micro-lenders for making

    a fortune out of the poor. He emphasised : “ one cannot, in good conscience, make a fortune at the bottom

    of the pyramid”117.

    Another parallel case in point is the 5% service tax on centrally air-conditioned hospitals and diagnostic

    centres that was withdrawn as soon as it was proposed citing general resentment. This was attacked byindustry giants as being a patently anti-aam aadmi  measure. The obsession with aam aadmi  was so much

    that in an open letter against the ‘misery’ tax , Dr Devi Shetty fumed; “Less than 10% of our population can

    afford heart, brain or cancer surgery. In the process we perhaps produce the largest number of young

    widows in the world”118. It was an unexceptionable demand, and the then minister took virtually no time in

    course-correction by withdrawing the ‘misery’ tax.

    While the withdrawal of the tax in itself may not have been problematic, it carries a policy lesson on

    the attitude of the Indian State. In terms of the sheer scale of ‘misery’, it is the user fees in government

    facilities that would be causing more distress to the poor, both in terms of financial burden as well as in

    terms of forcing the poor to forgocare at all.119 Evidence has been there for almost twenty years and a policy

    consensus against the use of such fees in developing countries was reached many years ago.

    Even after many poor African countries have successfully abolished user charges120, India is yet to even start

    moving in that direction. Hence, we have a service tax that was removed in just a week of its introduction,

    while other service fees remains in operation for more than two decades. Common Review Missions of NRHM

    have criticised user fees year after year, but nothing has happened yet. It is a matter of concern that in the

    era of ‘evidence-based policymaking’, the State did not remove the service tax because of solid evidence

    against it, nor is it continuing with user fees for lack of  solid evidence against it.

    The main reason for the popularity of insurance-based solutions is their perfect harmony with policies of

    private-sector-led public health. For example, these are mostly agnostic about the nature of the providers

    –- making the scope for private ‘participation’ manifestly higher like in the case of RSBY where government

    shifts from being a provider of services to a financier. It is revealing that in a state like Maharashtra, whichis perceived to have a large private health sector and a relatively better off public sector than many states,

    not even 1% of the hospitals empanelled for the scheme are from the public sector.

    More important is the parallel development where the State is using strategies of privatisation, auctioning

    off and contracting out public healthcare facilities so as to minimise its own presence in the health

    sector. Driving people away from the public facilities has become almost a policy goal; nothing else can

    explain India choosing to retain user charges in its public hospitals ignoring evidence, even after most of

    Africa is moving towards its abolition. Seen in this context, while user charges push poor patients away

    from the public facilities, new insurance schemes offer incentives to access private facilities – both

    creating disincentives in the health systems in accessing public facilities. Without a doubt, this will get

    reflected in the next morbidity round of NSSO, and more evidence on how the poor prefer private sectorwill follow.

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    The section on healthcare financing in the initial draft of the Twelfth Plan Approach Paper started with the

    following befuddling statement, “public financing of health care does not necessarily mean provision of the

    service by public providers” and went on to recommend private sector participation through a government

    funded health insurance plan along the lines of  RSBY121

    . In an environment of minimalist regulation, thepatient is being transformed into a consumer. Even in states where the basic design of RSBY was improved

    substantially to enhance coverage and participation of public hospitals like in Kerala, concerns of moral

    hazard and cost escalation remain unaddressed.

    Thankfully, there are other states that have experimented with inclusive innovations outside the insurance

    framework. Some such state level experiences with free access to medicine schemes will be explored in

    depth in a forthcoming Oxfam India publication. According to Xavier and Reddy (2014), Rajasthan, one of

    the least developed states in the country, is an example. It has been running a free medicines scheme

    since 2011. The state government spends $50m a year to provide 400 types of free medicines to patients

    in government hospitals. Every day, some 200,000 people benefit from the scheme. The number of patients

    going to government hospitals for treatment in the state has increased by 56%. The Rajasthan experience

    also shows that medicines procured in bulk under their generic names cost far less. This disparity ispossible because most of the medicines are not under any price control.122 In May 2015, Odisha has also

    launched its own free medicine scheme.123

    However, recent news suggests that the Rajasthan government has downsized the universal scheme,

    making it targeted.124 The Central government had in fact promised in 2012 to provide free drugs in public

    health facilities. In 2014, there were plans to provide 348 essential drugs free of cost, which was later

    reduced to 50 drugs. The health ministry in April 2015 clarified that there will be no separate central scheme

    for free drugs and diagnostics125.

    The 2014-15 Union budget speech by Finance Minister Arun Jaitley promised a move towards health for

    all with schemes providing free drugs and diagnostics on a priority basis. However, there have been nofinancial provisions in the 2014-15 budget for either of these. Reports suggest that in the 2015-16 budget

    speech, the words medicine, drugs or diagnostics do not appear. 126 Thus, th withdrawal of the State from

    social sectors is happening at an accelerated pace, and a momentum towards insurance-based solutions

    in the health sector seems formidable at the moment.

    In any effort towards UHC, increased outlays on health by the centre as well as the state governments is a

    non-negotiable. There has been marginal but consistent progress in this regard over the last decade. This

    has also been the result of the constant struggle by the civil society over past decades. If an insurance-

    based solution is opted for as part of the new UHC push, which would, in practical terms mean scaling

    up the untested RSBY, civil society activists will need to be vigilant that what happened with the NHS in

    the U.K. in 2000 does not happen.127  It needs to be emphasised that any effort towards UHC that does

    not discriminate between private and public providers, will end up privileging the private sector in India,given the history of inadequate investments in the public sector, and given the extent of crony capitalist

    tendencies in the economy.

    Alternative sources will have to be tapped in order to generate more resources for health. Calculating

    the costs of a wholly public owned network of providers and facilities, Duggal (2011) estimates Rs 3077

    billion at 2009-10 prices for Universal Healthcare, which amounts to 4.73% of GDP. The public exchequer’s

    share out of this will be about 3% of GDP, and the rest will be mostly from employers and employees in the

    organised sector, and other innovative mechanisms of financing.128 As of now, there are serious inequities

    in the distribution of public spending among the population, which point towards the need to consolidate

    and merge the currently fragmented schemes. A review in 2015 showed that while RSBY that is a narrow

    scheme and covers 84 million individuals from the unorganised sector, the CGHS is a broad scheme thatcovers 3.2 million from the organised sector. The total spending – not per capita spending - on central

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    government employees through CGHS is more than eight times as compared to the spending on the BPL

    segment through RSBY. 129

    Prats (2013) observes that India’s tax-GDP ratio is just about half as that of Brazil or South Africa. Anotherkey characteristic of the Indian tax system is the relatively low share of personal and corporate income

    taxes. In 2009-10, India’s personal and corporate taxes were one of the lowest in all G20 countries, and well

    below South Africa and Russia. One reason for the shortfall is the low tax rate enjoyed by high earners. The

    current rate is even lower than the average maximum personal income tax rate in sub-Saharan Africa.130 As

    for corporate income tax, research showed that there is a significant difference between the statutory tax

    rate (33 %) and the rate that is effectively being paid (24 %).131  Despite this, the Union budget for 2015-16

    proposed to lower corporate taxes even further. 132

    Abusive tax avoidance by Multi National Corporations (MNC) in India causes huge losses to exchequer every

    year. Recent research (Jansky and Prats, 2013) based on financial and ownership data of more than 1,500

    MNCs operating in India showed that in 2010 those MNCs with links to tax havens reported 1.5 % less profits.

    These MNCs paid 17.4 % less in taxes per unit of asset and 30.3 % less in taxes per unit of profit than MNCswith no such links. 133 

    Studies indicate that India has the maximum number of transfer-mispricing cases in the world after Japan

    and Canada. According to the country’s Directorate of Transfer Pricing, the amounts involved in mispricing

    ran at US$12.6 billion in 2011-12. Corporation tax of 33 % on these amounts would have provided an

    additional US$6.9 billion.134 Despite having double tax avoidance agreements (DTAAs) with 88 countries135,

    India still manages to lose a substantial chunk of potential tax revenue. Despite this alarming situation,

    general anti-avoidance rules (GAAR) have been deferred indefinitely, because it is feared to impact “investor

    confidence”, both foreign and domestic. 136  A recent UN report calls for greater regional cooperation that

    can strengthen tax collection, enabling countries to avoid tax competition and to harmonise tax rates.137

    CBGA’s analysis (CBGA, 2014) shows that the aggregate amount of revenue foregone due to exemptions in

    the central taxes is projected to be Rs. 5.73 lakh crore (equivalent to 5 % of GDP) for the year 2013-14. 138 

    All these point towards various possibilities to mobilise resources to cover increased health spending and

    improved financial protection. The financial protection that insurance schemes offer is at best, limited, as

    the main causes for OOP spending in India, namely out-patient care and drug spending, are left unaddressed

    by such schemes that the State promotes currently. Citing the case of Thailand, it was observed that

    including primary and preventive care as part of the insurance services, and providing them largely through

    the public sector facilities can significantly reduce moral hazard problems. 139 

    Focused funding to ensure that we have a working referral system – that is , there are restrictions on

    accessing secondary and tertiary healthcare without accessing primary care unless in emergency – can

    also be an effective check against spiralling medical costs.140  However, health experts warn about thedangers of India moving towards a system of lightly-regulated health insurance coverage , as the task of

    regulating the system can be “beyond daunting” , and it is far easier for the government to improve the

    functioning of health services that are directly under its control.141

    The groundswell for UHC is very welcome (though already decades late), and at the same time challenging.

    UHC has the potential to transform the lives of millions of people by bringing life-saving healthcare to those

    who need it most.142 For the same reason, how we go about achieving UHC becomes extremely important.

    Policy Recommendations

      Government should be the primary provider of healthcare, and provision of healthcare for all should

    not be based on expansion of health insurance-based models focusing on hospitalisation.

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      A clear roadmap to enhance budgetary spending on healthcare to 3%-5% of GDP should be drawn.

    Public tax-based funding and contribution from the organised sector should finance healthcare

    and focused funding in the form of specific central transfers should be made to promote equitable

    access.

      Regulation of the private sector must be a priority. Establishment of standard treatment protocols

    and empowerment of communities to hold the healthcare system accountable will be critical to

    ensure quality of healthcare in the public and private sectors.

      A comprehensive review of RSBY and other currently fragmented government funded healthcare

    schemes should be conducted with the aim of future consolidation for a national programme

    ensuring healthcare for all.

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    Notes

    1 Jody Heymann, Adèle Cassola, Amy Raub & Lipi Mishra (2013) Constitutional rights to health, public health and medical care:

    The status of health protections in 191 countries, Global Public Health: An International Journal for Research, Policy and

    Practice, 8:6, pp. 639-653.

    2 http://worldpolicyforum.org/global-maps/do-citizens-have-a-specific-right-to-medical-services/

    3 http://data.worldbank.org/indicator/SI.POV.2DAY

    4 http://apps.who.int/iris/bitstream/10665/112682/2/9789241507226_eng.pdf?ua=1

    5 http://apps.who.int/gho/data/node.main , http://www.censusindia.gov.in/vital_statistics/SRS_Reports_2013.html ,and

    http://www.censusindia.gov.in/vital_statistics/mmr_bulletin_2011-13.pdf

    6 http://www.thehindu.com/news/national/despite-high-maternal-mortality-india-records-drop-in-fertility/

    article6869779.ece

    7 http://www.thehindu.com/opinion/editorial/editorial-on-women-death-in-bilaspur-due-to-sterilisation-process/

    article6595787.ece

    8 Kumud Sharma (2011), Changing the Terms of the Discourse: Gender, Equality and the Indian State, CWDS, Pearson Education,

    New Delhi.

    9 Robert Marten et al (2014) , An assessment of progress towards universal health coverage in Brazil, Russia, India, China, and

    South Africa (BRICS), The Lancet, April 30, DOI: 10.1016/S0140-6736(14)60075-1

    10 ibid

    11 http://www.phmovement.org/en/node/867

    12 World Health Organisation (1978), Health for All through Primary Health Care: Report of the International Conference on

    Primary Health Care, Geneva.

    13 Ramila Bisht (2014) , Universal Health Care: The Changing International Discourse, Indian Journal of Public Health, Volume

    57, Issue 4, Pp 236- 41.

    14 World Health Organization(2010), Health systems financing: The path to universal coverage, Geneva, cited in Gorik Ooms et

    al (2014)

    15 Gorik Ooms et al (2014), Is universal health coverage the practical expression of the right to health care?, BMC International

    Health and Human Rights 2014, 14:3.

    16 World Health Organization (2012), Positioning Health in the Post-2015 Development Agenda, WHO, Geneva.

    17 Amit Sengupta (2013a), Universal Health Coverage: Beyond rhetoric, Occasional Paper No. 20, Municipal Services Project.

    18 Sarah Boseley (2012) , From user fees to universal healthcare - a 30-year journey, The Guardian, London.

    19 http://www.theguardian.com/environment/2014/apr/03/clima